Disposed

Anurag Mochi v. The Head General Manager B.S.N.L. Office

Patna HC4 Dec 2023CWJC/8795/2023

Case brief

AI extract

What is this about?

Petitioner sought recovery from respondents. Court dismissed writ claim and directed State Bank of India to file an FIR with the CBI within 15 days alleging fraud and forged documents, placing investigation responsibility on CBI including bank officials.

What did the court decide?

Writ application disposed with direction to Bank to file FIR before CBI within 15 days stating names of guilty officials.

Anurag Mochi Vs The Head General Manager B.S.N.L. Office — Banking and Recovery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8795 of 2023

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======================================================

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Anurag Mochi Son of Sri Lakshman Das, Resident of Pitamberpur, Dumri, District-Patna, Bihar, PIN CODE-803201.

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... ... Petitioner/s

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Versus

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The Head General Manager B.S.N.L. Office Patna Door Sanchar, Telephone Bhawan, R. Block, District-Patna.

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The Branch Manager, State Bank of India, Dariyapur Gola Branch, Near Birla Mandir Road, Sabzibagh, Patna-800004.

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Mr. Santosh Kumar son of not known, Staff of Bharat Sanchar Nigam Limited, Head General Manager, B.S.N.L. Office, Patna Door Sanchar, Telephone Bhawan, R. Block, District-Patna.

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Sunita Sharma, Daughter of not known, Staff of Bharat Sanchar Nigam Limited, Head General Manager, B.S.N.L. Office, Patna Door Sanchar, Telephone Bhawan, R. Block, District-Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mrityunjay Kumar For the Respondent/s : Dr. Anand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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4 04-12-2023

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Heard the learned counsel for the parties.

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Learned counsel for the Bank has filed its counter affidavit and the same is taken on record.

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This application has been filed for direction to the respondents for recovery of Rs. 8 Lakh 20 thousands from respondent nos. 3 and 4.

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Learned counsel for the B.S.N.L. has filed its counter affidavit mentioning therein that no person by the name of respondent nos. 3 and 4 were not and are not the employees of the B.S.N.L.

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Patna High Court CWJC No.8795 of 2023(4) dt.04-12-2023 2/3

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Learned counsel for the State has submitted that full details of respondent nos. 3 and 4 has not been given and it is not possible to trace the respondent nos. 3 and 4 who committed fraud with the petitioner as has been alleged by the petitioner.

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Learned counsel for the Bank has submitted that petitioner had submitted forged documents and took loan of Rs. 10 lakh 50 thousands from the State Bank of India.

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It appears that the loan was advanced on the basis of forged document for which the bank officials are also responsible.

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Since, it is a matter of State Bank of India, it is desirable that the Central Bureau of Investigation (C.B.I.) should investigate this case so that the guilty persons who have committed fraud are apprehended and punished.

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This will also include the Bank Officials, responsible for grant of loan on the basis of forged documents. The Bank claims that it has suspended the Branch Manager.

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It has been contended by the learned counsel for the Bank that the fraud has been detected recently, therefore, the Bank is in the process of filing F.I.R.

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The Bank is directed to file F.I.R. before the

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Patna High Court CWJC No.8795 of 2023(4) dt.04-12-2023 3/3

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C.B.I. and F.I.R. must be filed within 15 days from today by the Bank stating therein the name of the guilty officials and thereafter the C.B.I. will investigate the matter in accordance with law.

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With the aforesaid observation and direction, this application is disposed of.

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(Sandeep Kumar, J)

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Shishir/-

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Anurag Mochi v. The Head General Manager B.S.N.L. Office

Case brief

What is this about?

What did the court decide?

Anurag Mochi v. The Head General Manager B.S.N.L. Office

Case brief

What is this about?

What did the court decide?

What the court decided

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